Generally, you are entitled to some benefits if you are hit by a hit-and-run driver. Minnesota is a No-Fault state, which means that your insurance company will pay certain benefits if you are injured while involved in an accident with a motor vehicle. Minnesota’s No-Fault Act awards up to $20,000 for medical expenses and up to an additional $20,000 for income loss, replacement services, funeral expense loss, and survivor’s losses.
Additionally, you can sue the other driver to recover in excess of Minnesota’s No-Fault benefits if you have:
- More than $4,000 in medical expenses, or
- Permanent injury, or
- Scarring or disfigurement, or
- More than 60 days of disability
What if I know the identity of the hit-and-run driver?
If you know the identity of the hit-and-run driver, you have two ways to recover. You can recover through your no-fault insurance AND you can recover by suing the other driver and recovering any medical expenses that are beyond your no-fault coverage through the other driver’s insurance company.
It is important to remember the information that makes the identity of the hit-and-run driver known, such as: the car’s make, model, color, license plate number, etc. This information is crucial to determine who the hit-and-run driver is.
What if I do not know the identity of the hit-and-run driver?
Unfortunately, this is usually the case with many victims of hit-and-run accidents. If you are involved in an accident and you do not know the important information to determine who hit you, you will need to file a personal injury claim with your own insurance company under your “uninsured motorist coverage.”
What type of coverage does my uninsured motorist have?
Your uninsured motorist coverage pays for your medical expenses when the other driver is responsible for the accident and is not covered by insurance. Because the driver’s identity is unknown, uninsured coverage will pay for your medical expenses in hit-and-run accidents.
The State of Minnesota requires all licensed vehicles to have uninsured motorist coverage. This coverage provides a minimum of $25,000 for injuries to one person or $50,000 for injuries to two or more people.
Do I need to provide information to my insurance company to receive this coverage?
Most insurance companies require you to prove the existence of the hit-and-run driver. They often require this to prevent fraud. To prove the existence of the hit-and-run driver, you should document what you remember or see directly following the accident.
If you are involved in a hit-and-run accident, there are a variety of things you can do to ensure you discover the identity of the hit-and-run driver. First, you can try to decipher the car’s make, model, color, and license plate number. You should also remember or write down the time, date, and location of when the accident occurred or when you first discovered the hit-and-run and damage to your vehicle. Additionally, you should record the weather conditions on the day of the accident and the condition of your vehicle after incurring the damage from the hit-and-run driver. Most importantly, you should also contact police to report the hit-and-run accident.
The process of recovering benefits for a hit-and-run accident from your insurance company can become time-consuming and complicated, and you may need a lawyer to assist you in the process.
How do I activate these benefits?
To activate the process of receiving the uninsured benefits resulting from a hit-and-run accident, you need to file an uninsured motorist form with your insurance company.
Can my insurance company contest my claim for income loss benefits?
Yes, insurance companies can contest your claim for uninsured benefits resulting from a hit-and-run accident. This part of the process is complicated and you will likely need an attorney to help you through the process.
I have handled hundreds of cases through jury trials, court trials, administrative proceedings, and Google has ranked our firm as a five-star business.
Every insurance company and policy is different, and a personal injury attorney can assist you in dealing with your insurance company, making these claims, and recovering your uninsured benefits resulting from a hit-and-run accident . For more information regarding any uninsured benefits claims resulting from hit-and-run accidents you may have, feel free to contact Katherine Brown Holmen, personal injury, worker’s compensation, and wrongful death attorney at Dudley and Smith P.A.. Katherine has over 24 years of exclusive experience and has worked on thousands of uninsured benefit claims. If you have been involved in an accident and want to recover uninsured benefits resulting from hit-and-run accidents, please contact Katherine Brown Holmen at 651-291-1717 or by email at kholmen@dudleysmith.com. Dudley and Smith, P.A. is a full service law firm with offices in St. Paul, Blaine, Bloomington, Burnsville, Chanhassen, White Bear Lake, and Woodbury.
Katherine grew up in Minnesota and has lived there for most of her life. However, she did attend the University of North Dakota School of Law, where she was a dedicated student who graduated and passed the Minnesota Bar Examination to become a lawyer by the age of 24.
Since her graduation she has worked exclusively as a personal injury, worker’s compensation, and wrongful death in the Minnesota area, gaining great experience from a huge number of cases, as well as a reputation among her fellow attorneys as a top ranking attorney in personal injury actions in the State of Minnesota.
December 2017 Client Review “I wrote you a thank you card but decided that my writing wasn’t grand to say the least (shaky). I like to thank you for your work on our case which has been so very difficult for our family in so many ways. Thank you for sticking with us. With so many adversities, we were so pleased to be dealing with a lawyer of honesty. Our best to you, and thank you for your continued assistance wrapping this up. We wish you and your family much happiness over the holidays and hope you will get a break coming up. Warm regards.”
She is a strong advocate for people who have suffered injuries because of another person’s negligence and is always keen to fight for justice on their behalf. She represents people who’ve suffered injuries or were the victim of wrongful death throughout Minnesota in the following areas:
- Motor Vehicle Accidents
- ATV and Snowmobile Accidents
- Airplane Accidents
- Train Accidents
- Boating Accidents
- Pedestrian Accidents
- Claims Against Bars for Over-Serving
- Dog Bites
- Wrongful Deaths
- Injuries to Children
- Nursing Home Accidents
- Construction Accidents
- Defective product Accidents
- Work Place Accidents
- School Accidents
- Gun Accidents
- Farm Accidents
- Assaults
- Slip, Trip and Fall Accidents
- Appellate Law
- Worker’s Compensation
We invite you to schedule a free initial consultation to learn more about our personal injury practice. If you cannot come to us, we will come to you in your home or in the hospital.